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LANDAU v. CITY COUNCIL OF OVERLAND PARK

No. 61,608

244 Kan. 257 (1989)

767 P.2d 1290

M.B. LANDAU, Appellant/Cross-Appellee, v. CITY COUNCIL OF CITY OF OVERLAND PARK, AND CITY OF OVERLAND PARK, Appellees/Cross-Appellants.

Supreme Court of Kansas.

Opinion filed January 20, 1989.

Attorney(s) appearing for the Case

Ron Bodinson, of Shook, Hardy & Bacon, of Overland Park, argued the cause and was on the briefs for appellant.

Neil R. Shortlidge, of Freilich, Leitner, Carlisle & Shortlidge, of Overland Park, argued the cause, and Robert J. Watson, city attorney, and Karen Arnold-Burger, assistant city attorney, were with him on the briefs for appellees.

James M. Kaup, of Topeka, was on the amicus curiae brief for League of Kansas Municipalities.

The opinion of the court was delivered by

SIX, J.:

The plaintiff, M.B. Landau, appeals the judgment granted to the City of Overland Park denying his rezoning request. The City cross-appeals the court's refusal to grant a motion in limine. The City contended in its unsuccessful motion that the trial court's review be limited to the administrative record presented to the City Council.

Landau contends: (1) The City Council's denial of his rezoning request...

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